Archive for December, 2012

California may have a sizeable leg up on other states in taking guns away from mentally ill people who are barred by law from owning them.

State Attorney General Kamala Harris said Tuesday that more than 2,000 firearms were seized in 2012 from people in California who were legally barred from possessing them, including mentally unstable people and those with active restraining orders. She noted the state has clear laws determining who can and can’t possess firearms based on their threat to public safety.

“Enforcing those laws is crucial because we have seen the terrible tragedies that occur when guns are in the wrong hands,” she said, referring to a mentally ill gunman’s spree Friday at a Connecticut elementary school that claimed 26 lives, including 20 children.

Harris said 33 state Department of Justice agents used its Armed Prohibited Persons System (APPS) database to identify convicted felons, people with active restraining orders, people determined to be mentally unstable and others barred from owning guns. Agents seized 2,033 firearms, 117,000 rounds of ammunition, and 11,072 illegal high-capacity magazines from Jan. 1 through Nov. 30, with most of the firearms seized during two six-week sweeps.

The first statewide sweep targeted people barred from gun ownership because of mental health issues, and the second focused on people with legally registered assault weapons who were later prohibited from owning them.

Harris last year sponsored SB 819, carried by state Sen. Mark Leno, D-San Francisco, to increase funding for the APPS program through the use of existing regulatory fees collected by gun dealers; the new law took effect at the start of this year.

The APPS database cross-references people who legally bought handguns and registered assault weapons since 1996 with people who are prohibited from owning or possessing firearms. APPS was launched in November 2006, and the first statewide sweep was conducted in 2007. California is the nation’s first and only state to have created such a database.

Elizabeth Emken, the unsuccessful Republican challenger to U.S. Sen. Dianne Feinstein in last month’s election, announced today that she finished her campaign without any debt.

Emken, of Danville, said her final financial report shows her campaign raised $1,112,077.53, with more than 10,000 donors contributing $100 or less. Final Secretary of State records show Emken receiving 4,713,887 votes, which means her campaign spent less than 24 cents per vote.

“It was my goal to finish the campaign strong and I’m proud of the hard work we did to model the same fiscal accountability that I promised to bring to Washington,” Emken said in a news release. “We maximized the vote with minimal resources, and made the most of our donors’ contributions.”

A Republican slate mailer company had sued her for breach of contract in October, claiming she still owed $65,000 yet had used campaign funds to repay a $200,000 personal loan she made to her campaign in the spring. Her spokesman today said the matter has been “settled to everyone’s satisfaction.”

And here’s the perfect place to say: I goofed.

I wrote a blog post right after the election positing that Emken had outperformed other, past challengers to Feinstein. But in my bleary state that day, I failed to account for the fact that past elections had third-party candidates and – due to our new top-two primary system – this year’s had only Feinstein and Emken.

In fact, Feinstein beat Emken this year by the largest victory margin she has ever had: 25 percentage points. Feinstein had beat Dick Mountjoy in 2006 by 24.4 points; Tom Campbell in 2000 by 19.3 points; Michael Huffington in 1994 by 1.9 points; and John Seymour in 1992 by 16.3 points.

Though California voters rejected a ballot measure last month that would’ve abolished the state’s death penalty, a new report shows capital punishment continues to decline nationwide.

The Death Penalty Information Center’s survey found only nine states carried out executions in 2012 – the fewest number of states to do so in 20 years. More than half of the states (29) now either have no death penalty or have not carried out an execution in five years.

The 43 executions carried out in the United States in 2012 was 56 percent less than the peak in 1999, and equal to last year’s total. The number of new death sentences in 2012 was the second-lowest since the death penalty was reinstated in 1976: 80 people were sentenced to death in 2012, representing a 74 percent decline since the 315 sentences rendered in 1996.

Many death penalty states with histories of high use had no new death sentences or no executions in 2012; for example, there were none in North Carolina, South Carolina, and Virginia, the latter of which is second only to Texas in total executions since 1976,

“Capital punishment is becoming marginalized and meaningless in most of the country,” Richard Dieter, DPIC’s executive director and the report’s author, said in a news release. “In 2012, fewer states have the death penalty, fewer carried out executions, and death sentences and executions were clustered in a small number of states. It is very likely that more states will take up the question of death penalty repeal in the years ahead.”

California’s Proposition 34, which would’ve abolished the state’s death penalty and replaced it with life in prison without possibility of parole, won the support of only 48 percent of voters in November’s election. Elsewhere, Connecticut this year became the 17th state to repeal its death penalty.

California Treasurer Bill Lockyer wants the state’s gigantic public pension funds to divest themselves of investments in any firearm manufacturer that makes guns banned in California.

Lockyer said Monday that he has asked staff at the California Public Employees’ Retirement System (CalPERS) and the California State Teachers’ Retirement System (CalSTRS) to identify all their investments in gun manufacturers. As treasurer, Lockyer sits on both systems’ boards.

The request follows reports that CalSTRS indirectly owns a part of Bushmaster Firearms International, the North Carolina-based maker of the .223-caliber assault rifle that Adam Lanza used in his murderous spree Friday at the Sandy Hook Elementary School in Newtown, Conn. Lanza killed 20 children, six adults and himself.

“STRS and PERS should not be investing in any company that makes guns that are illegal in California, especially ones used to kill 20 innocent children and 6 innocent adults,” Lockyer said Monday.

Reuters reports CalSTRS had invested $751.4 million with Cerberus by the end of March 2012, according to its website. Cerberus owns Madison, North Carolina-based Freedom Group Inc., which includes Bushmaster.

Among California’s new laws taking effect Jan. 1 will be a “Good Samaritan” law, encouraging witnesses of suspected drug or alcohol overdoses to seek emergency aid without fear of arrest.

California is the 10th state to enact such a law; it was authored here as AB 472 by Assemblyman Tom Ammiano, D-San Francisco.

The law neither penalizes those who don’t call for help, nor is a blanket protection against arrest – for example, those who sell drugs aren’t protected. But it does ensure that you won’t get busted for personal possession if you call 911 on behalf of an endangered friend.

“Reassuring all Californians that calling 911 is safe and the right thing to do when someone’s life is on the line is essential,” Meghan Ralston, the Drug Policy Alliance’s harm reduction manager, said in a news release today. “While people should feel confident that they won’t get in trouble for small amounts of drugs when they call for help, the range of the protections provided under the new law is very limited and very specific. This isn’t a get-out-jail-free card for people who sell or traffic large quantities of drugs. This law basically says, ‘If you have a small amount of drugs in your possession, or the person overdosing does, don’t let your fear of arrest for that be the reason you fail to call 911 to help save someone’s life.”

As in many other states, drug overdose fatalities are California’s leading cause of accidental injury-related death, beating out even motor vehicle deaths. Studies have found most people overdose in the presence of others, yet many onlookers either delay or don’t call at all for emergency services, often because they fear their own arrest.

With 20 days left until the “Fiscal Cliff,” will you have your “parachute”?

Many are speculating on how to avoid yet another financial crisis, but no one has offered a solution, except one website. It’s actually quite simple: women can use their beauty to transcend the “Fiscal Cliff”.

According to Forbes, the average person will lose $2,000 to higher taxes starting January 3. Instead of feeling powerless, one million attractive women have already improved their financial situation through mutually beneficial relationships.

On SeekingArrangement.com, women earn an average of $3,000 from monthly allowances. Why count pennies? Instead of having to choose between celebrating the holidays this year or not drowning in debt next year, SeekingArrangement.com offers a solution: date rich men.

The website’s CEO and Founder, Brandon Wade, has even created a video with a special message to beautiful women across America: “A woman needs a rich man to be her financial ‘parachute’ in order to survive the ‘Fiscal Cliff’.”

SeekingArrangement.com is offering free premium memberships to attractive women, until the Fiscal Cliff is avoided.

Here’s the aforementioned video:

I’m not completely sure which part of this is most offensive – it presents so many options – but for the moment, I’ll go with “A woman needs a rich man to be her financial ‘parachute’ in order to survive the ‘Fiscal Cliff’.”

Randy Thomasson, president of SaveCalifornia.com, which calls itself “a leading family issues organization promoting moral virtues for the common good,” issued this statement today:

“Our hearts go out to the victims and their families. This is deeply disturbing and should stir great anger in all of us. Why were 26 people murdered today, most of them children? The main motive for murder is always sin. The Savior of the world, Jesus Christ, whose birthday we celebrate at Christmas, identified murder as a sin that proceeds from the heart. (See Mark 7:21-23)

“More than asking why this evil happened, we need to work diligently to prevent it. The innocents killed at Newtown are double the number of Columbine victims in 1999. We should be all the more grieved and all the more resolved to stop murders before they start. The answer is teaching the fear of God and love for God in schools and throughout society. Because mass murder is another example of societal degradation, a deadly consequence of promoting murderous abortions, godless evolution, and gratuitous violence. How opposite of teaching children that all people are worthy because they were created by God, that all innocent human beings deserve protection because they’re made in God’s image, and that every person is accountable to God when He judges the world.

“Every school official should be armed and trained to repel these attacks upon schoolchildren. And every parent and every media industry decision maker should absolutely prohibit children from enjoying scenes that glorify violence and desensitize them to the taking of innocent human life.”

“No words can console the parents of the children murdered at Sandy Hook Elementary School or describe the pain and shock of such an unspeakable tragedy. No words can comfort the loved ones of those brutally taken from us today. All Americans share our prayers and our grief over these horrifying events.

“We are all stunned, shocked, and distraught by this tragic shooting, by this violent act, and by the loss of so many young children. Our hearts go out to the families and friends of the students, teachers, and educators killed and wounded in Newtown, Connecticut. The entire nation will continue to stand as a source of support to this community in the days and weeks to come.”

“Earlier today, another horrific gun tragedy struck our nation as innocent men, women, and children were senselessly shot at Sandy Hook Elementary School in Newtown, Connecticut. My prayers are with the victims, their families and friends, and the communities impacted by today’s terrifying events.

“As an educator for 30 years, I know firsthand the importance of making a school a safe place where children can grow and learn. Having that sense of safety ripped from us, again, is both shocking and jarring. It is difficult to imagine what it feels like to be a parent that has outlived their child or to be part of a family inexplicably left with a gaping hole in their hearts. While exact details still remain unclear, there is no doubt that today is a somber day. A close-knit community, like countless communities all around our country, was violently attacked, and we will continue to feel the shocks of this violence for some time.

“This event, much like the numerous other shootings earlier this year, will undoubtedly lead to difficult discussions about safety, public policy and emergency preparedness. This self-reflection is natural, and it is my hope that we can finally take action to address the root causes of these horrific tragedies together, as a nation.”

“My thoughts and prayers go out to the children and families of Newtown. In a year with so many appalling acts of gun violence, this is the most shocking of such tragedies. While we do not have all the details behind this senseless and unconscionable massacre, it is a sad and horrific reminder of what is possible when guns get into the wrong hands. We must limit access to weapons that can result in such catastrophe and mass murder.”

“I am horrified and incensed by today’s tragedy in Connecticut. These massacres don’t seem to stop—they continue on and on.

“When senseless mass shootings reach into our kindergartens and elementary schools, one has to question what is happening to America. Gun violence took the lives of more than 8,000 Americans last year, and today claimed the lives of at least 18 children.

“As I have said many times before—and now repeat in the wake of yet another tragedy—weapons of war don’t belong on our streets or in our theaters, shopping malls and, most of all, our schools.

“I hope and trust that in the next session of Congress there will be sustained and thoughtful debate about America’s gun culture and our responsibility to prevent more loss of life.”

“But today we mourn for those who have been killed and the families that have been devastated.”

“For those calling for the postponement of any discussion of gun and mental health policy in America – you are wrong.

“Just WRONG!

“We postponed after the President and his press secretary, James Brady were shot more than 30 years ago. We postponed after the tragedy in Columbine 13 years ago. We postponed after Virginia Tech five years ago. We postponed after Representative Gabriel Giffords was shot in 2011. We postponed in July when a mentally disturbed James Eagan Holmes opened fire in a crowded movie theatre. And earlier this week, people said it was too soon to talk about gun and mental health policy when a gunman opened fire at a crowded mall in Oregon.

“Today, President Barack Obama addressed the nation from the White House briefing room named for James Brady and now we turn to our political leaders to finally and decisively act.

“Prayers are important. We are a nation that always prays at times of great tragedy. But prayer is not enough as we learn in James 2 14-26, ‘What does it profit, my brethren, if someone says he has faith but does not have works…Faith without works is dead.’

“Today is a clarion call to all leaders, regardless of political party, to act purposefully. Senseless gun violence is not simply about gun control. It must also include meaningful discussion of mental health policy in America. Political parties must be realistic – Democrats can’t draw the line in the sand at banning all guns and Republicans can’t dig in on the status quo.

“The NRA and the gun lobby are not supportive the President and now is the time for him to give them a real reason. The President must call the question. Put the gun lobby on the bench. Call on every member of congress to step out from behind the money and power of the gun lobby and act before we are lulled back into a false sense of security and forget to have the conversation again until the next tragedy. There are families in Connecticut, Oregon, Virginia, California, Arizona, Colorado, Wisconsin and every other state that have suffered loss due to gun violence and they do not want a postponement this debate any longer.

“How many more people have to die before we decide the time is right to have this debate and take action? Now is a time for prayer…and leadership.”

Rep. Barbara Lee, D-Oakland, issued this statement after U.S. Ambassador to the United Nations Susan Rice’s decision to withdraw from consideration for U.S. Secretary of State was announced today:

“I am profoundly disappointed that Ambassador Rice, such a well qualified woman of color, would be denied the opportunity to become our next Secretary of State due to the baseless and manufactured allegations of the radical right.

“I have known and worked closely with Ambassador Susan Rice for many years—on many global issues. From the genocide in Sudan to the ongoing violence in Syria, the humanitarian crisis in Haiti and the global HIV/AIDS crisis. Ambassador Rice works each and every day to advance the highest ideals of our country and would have been an outstanding Secretary of State.”

San Francisco City Attorney Dennis Herrera filed a motion today seeking the dismissal of a federal lawsuit challenging the city’s new ban on public nudity.

The city and county’s Board of Supervisors approved the ban – which provides exceptions for certain city-permitted events and for those under the age of five – at a climactic meeting Nov. 20, and affirmed it Dec. 4.

Opponents of the ban had sued even before the ordinance was passed, claiming it would violate their rights under the First and Fourteenth amendments. The plaintiffs originally sought a temporary restraining order to stop the supervisors from passing the law, but U.S. District Court Judge Edward Chen opted instead to consider the challenge instead as a petition for a preliminary injunction, once the ordinance was enacted.

“Public nudity bans are a longstanding feature of municipal codes throughout the nation, and their constitutionality has been repeatedly affirmed by the courts – including the U.S. Supreme Court,” Herrera said in a news release today.

“Ironically, the only novel legal theory plaintiffs put forward in this case is an equal protection claim that could actually undermine exceptions that allow nudity at permitted events like Bay to Breakers and the Folsom Street Fair,” he added. “The nudism advocates seem to have taken the position that if they can’t be naked everywhere, no one can be naked anywhere. Fortunately, the legal challenge is without a basis in the law, and we’re confident the court will dismiss.”